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The stringent new rules, which force companies to get "unambiguous consent" from online users to make use of their data, are expected to be adopted in the UK regardless of Brexit.
They said every patient in the study "gave clear and unambiguous consent," while the agency found serious lapses in the way the explanation of benefits and risks was documented.
The ministers debated a proposal that would no longer require companies to obtain "explicit" consent from users whose personal data they collect and process, instead of "unambiguous" consent, which is considered to be a lower legal threshold.
The ministers debated a proposal that would allow companies to obtain "unambiguous" consent, which is considered a lower legal threshold than the "explicit" consent now required from users whose personal data they collect and process.
Under scrutiny are proposals regarding: unambiguous consent for any data collection, such as tracking for adverts; limits to the ability to use data for purposes other than those for which it was collected, such as profiling; and a strengthened "right to be forgotten".
The EU Data Protection directive, which came into force last October, aims to give people control over their data, requiring "unambiguous" consent before a company or agency can process it, and barring the use of the data for any purpose other than that for which it was originally collected.
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"We ordered Google to achieve unambiguous user consent before combining user data from different services for purposes that are not strictly necessary to deliver the service.
Baines points out that the EU's updated privacy framework, GDPR, tightens the existing privacy standard — adding the words "clear affirmative act" and "unambiguous" to consent requirements.
California has enacted a historic law that forces the state's colleges to adopt a policy of unambiguous, affirmative consent by students engaged in sexual activity.
Under GDPR, organisations will be required to gain unambiguous and informed consent from individuals in order to hold and use their data.
Yes, the new standard might help in the adjudication of sexual assault allegations, but its language still seems both vague — what exactly would constitute an unambiguous sign of consent?
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com